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This is an archive article published on January 7, 2023

POCSO court orders action against doctor for conducting two finger test

“This deed (two finger test) is not only against the law but also against human values, human dignity and against the profession of a doctor,” said the court said in its judgment

Special POCSO Cases Court judge Deepak Dubey made the observations in his judgement dated January 4, when he acquitted a man who was charged with rape on the basis of benefit of doubtSpecial POCSO Cases Court judge Deepak Dubey made the observations in his judgement dated January 4, when he acquitted a man who was charged with rape on the basis of benefit of doubt
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A special POCSO court in Kota has directed district officials to take action against a doctor for conducting the banned two finger test on a minor rape victim.

The court issued the order after finding evidence “in the medical report and in statements” of the doctor before it that the test had been conducted.

Special POCSO Cases Court judge Deepak Dubey made the observations in his judgement dated January 4, when he acquitted a man who was charged with rape on the basis of benefit of doubt.

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“This deed (two finger test) is not only against the law but also against human values, human dignity and against the profession of a doctor,” said the court said in its judgment.

The court also referred to the Supreme Court judgment from October last year when the top court had termed the two finger test as regressive and held that anyone indulging in it will be guilty of misconduct.

The Kota court directed the district’s chief medical and health officer to take strong legal action against the doctor.

The Indian Express had reported in November last year that the findings of an analysis conducted on the state of child protection mechanism in Rajasthan had found that in several cases, there were references to two finger tests in medical examination of child sexual victims.

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“In several cases, the medical examination report included references to the ‘two finger test’, and conclusions that the victim was ‘habituated to sex’ and that there were no signs of rape or sexual assault, contrary to the normative standards on the contents of a medical examination report,” says the analysis, conducted under the aegis of the Juvenile Justice Committee (JJC) of the Rajasthan High Court in collaboration with Resource Institute for Human Rights (RIHR) and UNICEF Rajasthan.

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